How to Prove Negligence in a Car Accident

In Pennsylvania, holding someone else responsible for your car accident requires proof that the other person or party is at fault. In most cases, Pittsburgh injury lawyers explain that this means proving negligence, or the other party’s failure to use proper care. While proving negligence is not always necessary in Pennsylvania under the state’s choice no-fault insurance system, knowing how to do so can help you protect your rights.

How Is Negligence Defined?

The Legal Information Institute defines negligence as acting with a level of care that a reasonable person would not use under the same circumstances. Negligence can describe any careless act or omission that a prudent party would have avoided if they were exercising a reasonable degree of care.

What Are the Elements of Negligence? 

In Pennsylvania, drivers who have opted to purchase no-fault insurance are not required to prove fault or negligence to qualify for benefits from their own car insurance providers. In cases involving severe injuries or tort-based insurance policies, however, establishing another party’s negligence is necessary to recover damages from that person’s insurer. 

Negligence has four elements of proof:

1. Duty of care owed: evidence that the at-fault driver (or third-party defendant, such as a vehicle manufacturer) had a responsibility to act in a reasonable manner to prevent harm to others.
2. Duty of care breached: proof of action taken (or not taken) by the defendant that violated his or her duty of care. Common examples are speeding and texting while driving.
3. Causation: a provable connection between the defendant’s breach of duty and the automobile accident, either directly or by proximity.
4. Damages suffered: specific damages endured by the victim because of the car crash, which can include physical injuries, medical bills and property damage.

In general, these four elements must exist for a plaintiff or filing party to successfully prove negligence in a car accident case. The burden of proof always rests with the plaintiff in a car accident claim.

Steps to Take to Prove Negligence After a Car Accident 

If you need to prove that the other driver involved was negligent, start by gathering as much information and evidence as you can. This includes:

• Pictures of both vehicles involved and the surrounding roadway 
• Signed statements from eyewitnesses 
• Video footage captured by traffic or surveillance cameras 
• A copy of a police accident report 
• Medical records and hospital bills proving your injuries 

Then, bring all records and documentation you have to a free consultation with a local Pittsburgh car accident lawyer.

How Can an Attorney Help You Prove Negligence?

If a law firm offers to take your case, it can send investigators to the scene of your crash, interview eyewitnesses, hire experts, access the other driver’s cell phone records and take many other steps to find evidence of negligence. Your lawyer will know how to present your evidence in a compelling way using strong communication and storytelling skills. 

Should a car insurance company attempt to blame you for the accident, an attorney can help you combat this problem. Your lawyer can build a strong case against the other driver, for instance, using visual documentation, physical evidence and expert opinions. An attorney will be dedicated to achieving the highest possible settlement for your car insurance claim.

For more information about how to prove negligence in a car accident case in Pennsylvania, contact us for a free evaluation.